1998 Supreme(Raj) 1137
RAJASTHAN HIGH COURT AT JODHPUR BENCH
R.R.Yadav, Mohd.Yamin, JJ.
Amrik Singh - Appellant
Versus
State of Rajasthan - Respondent
D.B. Criminal Jail Appeal No. 311 of 1995.
Decided On : 9-07-1998
The judgment established the principles of unlawful assembly, the right of private defence, and the burden of proof in cases involving self-defence.
Headnote:
Indian Penal Code - Conviction under Section 302/34 - Summary of Acts and Sections: Indian Penal Code, Section 302/34 - The court discussed the formation of an unlawful assembly, the right of private defence under Sections 97 and 100 of the Indian Penal Code, and the legal principles established in Pammi v. Govt. of M.P. (1998) 2 SCC 700 and Jagir Singh & Ors. v. State of Punjab, AIR 1968 SC 43.
Fact of the Case:
The prosecution alleged that the accused appellant, Amrik Singh, was involved in a violent altercation resulting in the death of Teja Singh. The defense claimed that Teja Singh had entered the accused's house to outrage the modesty of his wife, leading to a scuffle and the accused acting in self-defence.
Finding of the Court:
The court found that the occurrence took place outside the accused's house, and the defense theory of self-defence was not believable. It concluded that the accused was the aggressor and had no right to claim self-defence. The court also held that the accused was part of an unlawful assembly and shared the common intention to kill.
Issues: The key issues included determining the place of occurrence, establishing the formation of an unlawful assembly, and evaluating the accused's claim of self-defence.
Ratio Decidendi: The court relied on the testimony of eyewitnesses, the absence of evidence supporting the defense theory, and legal precedents to establish the accused's guilt and reject the claim of self-defence.
Final Decision: The court affirmed the judgment of the trial court, dismissing the appeal and upholding the conviction and sentence of the accused appellant.
JUDGMENT
1. - Learned Additional Sessions Judge, Raisinghnagar convicted the accused appellant under Section 302/34 Indian Penal Code and sentenced him to life imprisonment with a fine of Rs. 200/- and in default to undergo one month's rigorous imprisonment vide his judgment dated 30.6.95. The accused appellant has preferred this appeal against this conviction and sentence.
2. Briefly stated the case of the prosecution is that during the night in between 12.2.88 and 13.2.88 at 12.10 a.m. Jassa Singh came to police station Vijaynagar and lodged oral report to the effect that he was running a hotel at R.D.236. On 12.2.88 at about 5 p.m. he returned to his village and at 7.30 p.m. Amrik Singh while under intoxication started abusing his family. House of Amrik Singh was adjacent to the house of Jassa Singh, Jassa Singh and his father asked accused appellant not to abuse but he did not stop. Jassa Singh's father told him that camel cart of the accused appellant was engaged in transporting sand to Gurudwara but the same was removed and instead a camel cart of Jassa Singh's father was employed for the purpose. Therefore, Amrik Singh was unhappy and was abusing. Jassa Singh and his father went infront of the house of accused appellant to request him not to abuse and when both of them reached there Amrik Singh armed with lathi and his wife's brother Trilok Singh armed with sela (sharp edged weapon) came out of the house and Amrik Singh attacked on his father. He inflicted a lathi blow on the head of Jassa Singh's father with the result Jassa Singh's father Teja Singh fell on earth. Jassa Singh wanted to intervene and as soon as he raised his foot forward one Inder Singh also came from the house of Amrik Singh. Then Trilok Singh and Inder Singh attacked on Jassa Singh with the result Jasssa Singh received injuries on his shoulder, arm and little finger. Jassa Singh made hue and cry. Then Mahendra Singh and Tota Singh neighbourers came there running. They exhorted and then Amrik Singh became desparate and told that if anybody came near him he would kill him. Amrik Singh's wife Jogender Kaur and his daughter Bholi and another son Kala Singh also came from inside the house and started abusing and started pelting stones. Then Inder Singh and Trilok Singh took Teja Singh dragging from the place of occurrence inside their house. Jassa Singh then rushed to the police station and lodged report which was recorded by police as Ex.P/1.
3. A case under Sections 147, 148, 342, 307, 336, 323, 364 read with 149 Indian Penal Code was registered. Police went to the place of occurrence in the night and found that the dead body of Teja Singh was lying in the house of Amrik Singh. Site plan Ex.P/3 and memo Ex.P/3-A were prepared next day. Memo of dead body Ex.P,14 and panchayatnama Ex.P/5 were also prepared. A pair of chappals and a chaddar used as turban were recovered from the site and were seized vide Ex.P/6. Blood stained as well as control soil were seized. Injuries of Jassa Singh were examined. He was X-rayed. His injury report Ex.P/11, X-ray plate Ex.P/21 and X-ray report Ex.P/12 Are on record. Postmortem of Teja Singh was conducted and its report Ex.P/14 was obtained. Amrik Singh was arrested on 4.3088 and on the basis of his disclosure statement a 'banga' (lathi) of bamboo was recovered which was blood stained. Trilok Singh could not be arrested as he had absconded and after investigation Arnrik Singh and his wife Smt. Jogender Kaur were charge-sheetted before Munsif and Judicial Magistrate, Anupgarh who committed the case to the learned Additional Sessions Judge. Learned Additional Sessions Judge framed charges under Sections 148, 302/149 and 323/149 Indian Penal Code against both the accused persons and read over to them. They denied their indictment and claimed trial. Thereupon prosecution examined as many as 8 witnesses on its behalf. Then the accused appellant as well as co-accused were examined under Section 313 Cr.PC. A defence witness Tara C
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